Loading...
HomeMy WebLinkAbout4784 RESOLUTION NO. 4,784 A RESOLUTION AUTHORIZING AND ACCEPTING A LEASE OF CERTAIN LAND AND WATER AREAS FROM THE DEPARTMENT OF THE ARMY OF THE UNITED STATES OF AMERICA; AND FOR OTHER PURPOSES WHEREAS , the Secretary of the Army of the United States of America, pursuant to authority of Section 4 of the Acts of Congress approved December 22 , 1945 , proposes to offer the City of Little Rock a lease for a period of twenty-five (25) years commencing July 1, 1972 to use and occupy approximately 4 . 8 acres of land and water areas under the jurisdiction of the Department of the United States Army in the Murray Lock and Dam Project more particularly described in said lease , to be used for public parks and recreational purposes without rental cost to the City; and WHEREAS , it is the desire of the Board of Directors to accept said lease subject to the terms and conditions therein set forth. NOW THEREFORE , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That proposed lease by the Department of the United States Army acting by and through the Secretary of the Army to approxi- mately 4 . 8 acres of land and water areas in the Murray Lock and Dam Project on the Arkansas River to the City of Little Rock, as Lessee , for a period of twenty-five (25) years commencing July 1 , 1972 , is hereby approved and accepted and the Mayor and City Clerk are hereby authorized to approve and accept same acting for and on behalf of the City. A copy of said lease and all Exhibits is attached hereto and made a part hereof the same as though set out herein word for word. SECTION 2. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: May 2, 1972 ATTEST : A/y/ / APPROVED: 1 411 ity Cle k Mayo DEPARTMENT OF THE ARMY LEASE FOR PUBLIC PARK AND RECREATIONAL PURPOSES ON MURRAY LOCK AND DAM PROJECT AREA THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of Con- gress approved 22 December 1944, as amended (16 U.S.C. 460d), hereby grants to the City of' Little Rock, a municipal corporation organized under the laws of the State of Arkansas, a lease for a period of twenty-five (25) years commencing on 1 July 1972 , and ending on 30 June 1997 , to use and occupy approximately 4.8 acres of land and water are der the primary jurisdiction of the Department of the Army in the Murray Lock and/Project Area, hereinafter referred to as the premises as shown on attached Exhibit "A" alzez x , dated April 1972 , for public park and recreational purposes. The area is described on Exhibit "B" attached heret9 and made a part hereof. THIS LEASE is granted subject to the following conditions: 1. The lessee shall conform to such regulations as the Secretary of the Army may issue to govern the public use of the project area, and shall comply with the provisions of the above cited Act of Congress. The lessee shall protect the premises from fire, vandal- ism,and soil erosion,and may make and enforce such regulations as are necessary,and within its legal authority, in exercising the privileges granted in this lease, provided that such reg- ulations are not inconsistent with those issued by the Secretary of the Army or with pro- visions of the above cited Act of Congress. 2. The lessee shall administer and maintain the premises in accordance with the U.S. Army Engineers' Master Plan and the implementing General Development Plan for the premises and with an Annual Management Program to be mutually agreed upon between the lessee and the U.S. Army District Engineer in charge of the administration of the proj- ect, which may be amended from time to time as may be necessary. Such Annual Man- agement Program shall include, but is not limited to, the following: a. Plans for management activities to be undertaken by the lessee or jointly by the U.S. Army Engineers and the lessee, including improvements and other facilities to be con- structed thereon. b. Budget of the lessee for carrying out the management activities. c. Personnel to be used in the management of the area. 3. The lessee shall provide the facilities and services necessary to meet the public de- mand either directly or through concession agreements with third parties. All such agree- ments shall state that they are granted subject to the provisions of this lease and that the concession agreement will not be effective until approved by the District Engineer. 4. Admission, entrance or user fees may be charged by the lessee for the entrance to or use of the premises or any facilities constructed thereon, PROVIDED, prior written approval of the District Engineer is obtained. ENG FORM MAR 67 1736 PREVIOUS EDITIONS ARE OBSOLETE. 5. The amount of any fees and all rates and prices charged by the lessee or its con- cessionaires for accommodations, food (except packaged goods), and services furnished or sold to the public shall be subject to the prior approval of the District Engineer. The les- see shall, by 15 April and 15 October of each year, submit to the District Engineer for ap- proval a list of the fees, rates and prices proposed for the following 6 months, including justification for any proposed increase or decrease. The District Engineer will give written notice to the lessee of his approval of or objection to any proposed fee, rate or price and will, if appropriate, state an approved fee, rate or price for each item to which an objection has been made. The lessee and/or its concessionaires shall keep a schedule of such fees, rates or prices posted at all times in a conspicuous place on the leased premises. 6. All monies received by the lessee from operations conducted on the premises, including, but not limited to, entrance and admission fees and user fees and rental or other consideration received from its concessionaires, may be utilized by the lessee for the ad- ministration, maintenance, operation and development of the premises. Any such monies not so utilized, or programmed for utilization within a reasonable time, shall be paid to the District Engineer at the end of each 5-year period. The lessee shall establish and main- tain adequate records and accounts and render annual statements of receipts and expendi- tures to the District Engineer, except for annual or weekly entrance fees which also are honored at other recreational areas operated by the lessee. The District Engineer shall have the right to perform audits of the lessee's records and accounts, and to require the lessee to audit the records and accounts of third party concessionaires, and furnish the District Engineer a copy of the results of such an audit. 7. All structures shall be constructed and landscaping accomplished in accordance with plans approved by the District Engineer. Further, the lessee shall not discharge waste or effluent from the premises in such a manner that such discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. 8. The right is reserved to the United States, its officers, agents, and employees, to enter upon the premises at any time and for any purpose necessary or convenient in con- nection with river and harbor and flood control work, and to remove timber or other ma- terial required for such work, to flood the premises when necessary, and/or to make any other use of the land as may be necessary in connection with public navigation and flood control, and the lessee shall have no claim for damages of any character on account thereof against the United States or any agent, officer or employee thereof. 9. Any property of the United States damaged or destroyed by the lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the lessee to the satisfaction of the District Engineer. 10. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the lessee, or for damages to the property or injuries to the person of the lessee's officers, agents, servants, or employees or others who may be on the premises at their invitation or the invitation of any one of them, arising from or incident to the flooding of the premises by the Government or flooding from any - other cause, or arising from or incident to any other governmental activities, and the lessee - shall hold the United States harmless from any and all such claims. . .. .. • • _• .. • • ! •• •. • . . .• II .'. III . reputable insurance company, acceptable to the Government, liability or in. • •• insur- ance providing for minimum limits of $ pew any one claim, and an aggregate limit of $ for any : - 6f persons or claims arising from any one incident with respect to • :' ' injuries or death resulting therefrom, and $ : . - age to property suffered or alleged to have been suffered by any pers• • . • • sons resulting from the operations of the lessee under the terms of this 12. This lease may be relinquished by the lessee at any time by giving to the Secretary of the Army, through the District Engineer, at least 30 days' notice in writing. 13. This lease may be revoked by the Secretary of the Army in the event the lessee violates any of the terms and conditions of this lease and continues and persists therein for a period of 30 days after notice thereof in writing by the District Engineer. 14. On or before the date of expiration of this lease or its relinquishment by the lessee, the lessee shall vacate the premises, remove its property therefrom, and restore the prem- ises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the lessee shall vacate the premises, remove its property therefrom, and restore the prem- ises as aforesaid within such time as the Secretary of the Army may designate. In either event, if the lessee shall fail or neglect to remove its property and so restore the premises, then its property shall become the property of the United States without compensation therefor, and no claim for damages against the United States or its officers or agents shall be created by or made on account thereof. 15. The lessee or its concessionaires shall not discriminate against any person or per- sons because of race, creed, color or national origin in the conduct of its operations here- under. The grantee furnishes as part of this contract an assurance (Exhibit "C" ) that he will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241) and Depart- ment of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations. 16. All notices to be given pursuant to this lease shall be addressed, if to the lessee, to the City of Little Rock, Little Rock, Arkansas 72201, if to the Government, to the District Rngineer, Little Rock District, Corps of Engineers, P. 0. Box 867, Little Rock, Arkansas 72203, or as may from time to time be directed by the parties. Notice shall be deemed to have been duly given if and when inclosed in a properly sealed envelope or wrapper, addressed as aforesaid and deposited postage prepaid (or, if mailed by the Government, deposited under its franking privilege) in a post office or branch post office regularly maintained by the United States Government. 17. This lease is subject to all existing easements,and easements subsequently granted, for roadways, and utilities located or to be located on the premises, provided that the pro- posed grant of any easement will be coordinated with the lessee and easements will not be granted which will interfere with developments, present or proposed, by the lessee. (see page 4 for additional conditions) IN WITNESS WHEREOF I have hereunto set my hand this of , 19 The above instrument, together with the provisions and conditions thereof, is hereby accepted this day of , 19 ATTEST: CITY OF LITTLE ROCK, ARKANSAS BY: City Clerk Mayor U.E.GOVERNNIEMT PRINTING OFFICE:1557 OF-257-511 9A • 18. That, within the limits of their respective legal powers, the parties to the lease shall protect the property against pollution of its water. The lessee shall comply promptly with any regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency and/or a state water pollution control agency having jurisdiction to abate or prevent water pollution. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency or State Agency are hereby made a condition of this lease. 19. The District Engineer will display and maintain exhibits describing the navigation aspects of the McClellan-Kerr Arkansas River Navigation System at the public information center situated in the Overlook facilities. 20. That, as of the commencement date of this lease, an inventory and condition report of all personal property and improvements of the Government included in this lease shall be made by a representative of the Government and a representative of the lessee to reflect the then present condition of said property. A copy of said inventory and condition report shall be attached hereto and become a part hereof, as fully as if originally incorporated herein. Upon the expiration, revocation, or termination of this lease a similar inventory and condition report shall be prepared and submitted to the said officer. Said inventory and condition report will constitute the basis for settlement by the lessee with said officer for leased property shown to be lost, danoged, or destroyed. Any such property lost, damaged, or destroyed shall be either replaced or destroyed by the lessee to the satisfaction of the said officer, or at the election of the Government reimbursement may be made by the lessee at the then current market value thereof. 21. That Condition 11 was deleted and Conditions 18, 19, 20 and 21 were added before the execution of this lease. 4 4 4 A STATE OF VIRGINIA ) ) SS COUNTY OF ARLINGTON ) On this day of , 1972, before me, , the undersigned officer, personally appeared known to me to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated as the act and deed of the United States of America for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. Notary Public Arlington County, Virginia My Commission Expires: I r R. 13 . W. • 1 119 / E-1 . / ' ;\ Terminated �® \\ / . 15 Feb 70 f.,, APP, 14 / 110 f09 N 115 • . •�. / �. �� ; . • � � ' ' . SEE' . . . . 154 •c ' ' INSET ,.> -:.:.:, sr/r E CEMETERY t ` R .— 103• 107 p-3 (1 7 1:,e_ 1 106 V 146 t f'/ E-2 103 I1€3 Y i7 -_� SUBJECT SEA---�"�I27 L 12? jt 128 '\ E ■L iiv E-I , ' 12 9 • . 23 `'li R 0AK 0m0CE , • 117 t2i---\?°c/riti 8" SEWER LINE E- 7 °°o _ ... .0 ± SUBJECT AREA - - - - - L - 1 • MURRAY LOCK AND DAM FEE ACQUISITION LINE • PROJECT BOUNDARY ----- AREA FOR OVERLOOK SHELTER CITY OF LITTLE ROCK, ARKANSAS COUNTY: PULASKI STATE: ARKANSAS CORPS OF ENGINEERS LITTLE ROCK DISTRICT ACREAGE: FEE - 4.8 Acres SCALE 1: 12,000 ' APRIL 1972 EXHIBIT "A" A tract of land situated in the county of Pulaski, State of Arkansas, being a part of the Si of the Fractional SEA of Fractional Section 23, right bank of the Arkansas River, Township 2 North, Range 13 West of the Fifth Principal Meridian and being more particularly described as follows: Beginning at the northeast corner of said S2 of the Fractional Stu of Fractional Section 23; thence south 01° 46' west 286.69 feet along the east line of said Fractional Section 23 to a point; thence north' 85° 07' west 742.00 feet to a point; thence north 010 46' east parallel to said east line of Fractional Section 23 a distance of approximately 260.00 feet to a point on the north line of said Si of the Fractional SE4 of Fractional Section 23; thence along said north line south 87° 05' east 740.00 feet to the point of beginning and containing 4.8 acres, more or less. Deecriptioti Cheeky Ve}rif#bs C ,and EXHIBIT "B"